Dan represents contractors, subcontractors, design professionals, owners, and sureties in all aspects of construction. His practice includes litigation and advocacy before state and federal courts, the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), the Government Accountability Office (GAO), local, state, and federal agencies and arbitration before various tribunals, including the American Arbitration Association (AAA). Dan has successfully prosecuted and defended complex construction claims involving delay, inefficiency, changes, and defective work.
Before entering private practice in 1997, Dan served on active duty in the United States Air Force where he worked for the Air Force Materiel Command (AFMC) as a government contracts trial attorney, appearing before the ASBCA, where he defended the Air Force from construction and non-construction claims. Dan’s practice continues to include substantial matters involving federal government contracting, including domestic and international construction, environmental contracts, utilities contracts, non-personal services contracts, commercial and non-commercial items, NISH and DARPA contracts. Dan advises federal government contract clients in manufacturing, telecommunications, distribution, construction, and services industries.
March 19, 2020
November 27, 2019
Successfully defended protest of Department of State, Bureau of Overseas Building Operations (DOS OBO) contract for construction of diplomatic construction project under the Percy Amendment.
Brought successful bid protest before the Government Accountability Office against the Department of Defense (DoD), involving a $500 million construction management contract concerning the relocation of U.S. Marines to Guam.
Litigated and favorably settled a multi-million dollar claim involving Army Corps of Engineers’ Everglades restoration project in South Florida.
Represented ENR Top 10 contractor in preparation of claims involving Naval Facilities Command (NAVFAC) project in Northern Africa.
Obtained large settlement for subcontractor on multi-billion dollar Department of Energy (DOE) nuclear clean-up project against ENR Top Ten construction manager.
Represented design professional in additional work claims on Indefinite Delivery, Indefinite Quantity (IDIQ) contracts with the Department of Veterans Affairs (VA).
Obtained favorable settlement for a subcontractor on a National Parks Service security project.
Prosecuted Small Business Administration (SBA) size protests, including protests of HUB-Zone status.
Successfully prosecuted Miller Act surety bond claims on behalf of subcontractor on HUB-Zone contract in South Florida.
Favorably resolved a construction supply dispute using alternative dispute resolution at the ASBCA, in a case involving precast structures and marine shipping issues.
Successfully protested Air Force procurement action involving personal protective equipment for firefighters.
Represented a medical device developer regarding submission of proposal to Defense Advanced Research Project Agency (DARPA) in protection of intellectual property.
Represented Air Force AbilityOne (formerly NISH) contractor on multiple Air Force contract dlaims involving Javits-Wagner-O’Day Act contracts for custodial services.
Represented a federal supply contractor during investigation and mandatory disclosure involving General Services Administration (GSA) Federal Supply Schedule (FSS) contract.
Represented a federal contractor in multiple bid protests involving Federal Emergency Management Agency (FEMA).
Defended qui tam case against an Army non-personal services contractor involving allegations of fraud in execution of contracts in Afghanistan.
Prosecuted and resolved a million-dollar claim against the United States Missile Defense Agency (MDA) involving environmental and geotechnical engineering investigation in Northern Poland.
Represented defense contractor in appeal from termination for default action involving supply contract with the United States Navy.
Represented Defense Supply Center Columbus (DSCC) contractor against allegations of false claims.
Represented major defense contractor in defending overpayment and interest claim asserted by the Defense Finance Accounting Service (DFAS).
Successfully defended claims involving wage determinations under the Service Contract Act (SCA).
Advised telecommunications provider involving all aspects of government contracting.
Advised non-personal services contractor involving all aspects of government contracting.
Litigated and resolved dispute involving heavy highway asphalt paving subcontract for major highway contractor.
Obtained a temporary restraining order, prosecuted and successfully resolved State bid protest relating to $250 million sewer project in northern Ohio.
Successfully represented heavy highway contractor in matter in which Ohio Supreme Court confirmed contractor’s right to recover unabsorbed home office overhead damages under Eichleay formula.
Defended ENR Top Ten engineering firm in a defective design claim involving asphalt pavement design for Southern California Airport.
Successfully prosecuted subcontractor claims overcoming Pay-If-Paid defenses where project owner declared bankruptcy.
Obtained multi-million dollar judgment in Ohio Court of Claims for cumulative impact claims involving delays and inefficiency involving public university.
Defended a civil construction contractor against indemnification claims asserted by municipality involving pass-through claims by subcontractor.
Obtained a multi-million dollar jury verdict for a general contractor against public owner for municipal waste water treatment plant project involving extra work claims under Spearin doctrine.
Successfully defended client against inefficiency claims by trade contractor in a two-week jury trial.
Successfully prosecuted Miller Act surety bond claims on behalf of a subcontractor on HUB-Zone contract in South Florida.
Successfully protested a municipal contract award in contravention of Ohio’s statutory multiple-prime contract requirement.
Successfully defended bid protests involving regional sewer project awarded to second low bidder on basis of “lowest and best” criteria.
Represented a private university in a defective HVAC design claim against mechanical engineer and architect.
Successfully defended differing site conditions claims involving tunneling project for an electrical utility contractor.
Represented an international contractor in contractor and engineering licensing issues throughout United States.
Successfully prosecuted claims for defective design involving prestressed, post-tensioned bridge projects before West Virginia Division of Highways.
Successfully defended a $12 million defective work claim involving bridge painting projects performed for the Ohio Department of Transportation (ODOT).
Successfully defended a multi-million dollar claim for extra work involving construction of a golf course in Central Ohio.
Represented manufacturer in defense of a false claim action involving allegations of foreign manufacturer of parts.
Successfully resolved multi-million dollar nuisance litigation involving more than 200 plaintiffs seeking injunctive relief and damages against a regional landfill.
Defended an energy contractor against allegations of breach involving gas lease and maintenance agreement.
Represented a government contractor in a private civil action involving allegations of unfair trade practices, violation of non-compete employment provisions.
Obtained arbitration award in favor of a steel supplier under Uniform Commercial Code (UCC) Article 2, Sale of Goods.
Defended product liability/tort claim involving Legionnaire’s Disease.
Represented a medical software provider in protecting proprietary information from disclosure under Ohio Public Records Act/Freedom of Information Act (FOIA) statutes.
Represented a defrauded corporation in recovery of embezzled funds from its former CFO.
Represented a subrogated insurance carrier in matter involving damage resulting from defective service of electrical generator.
Georgetown University Law Center, J.D., 1992
Miami University, B.S., 1989, cum laude, Miami University John Dolibois European Center, 1987-1988
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
U.S. Court of Appeals for the Armed Forces
U.S. Court of Federal Claims
Selected for inclusion in Super Lawyers® by Ohio Super Lawyers magazine, 2014-2019
Listed in The Best Lawyers in America©, 2005-2019
Selected for inclusion in Rising Stars® by Ohio Super Lawyer magazine, 2005-2007
Ohio State Bar Association, member, Construction Law Subcommittee
Columbus Bar Association, member, Construction Law Committee
American Bar Association, Section of Public Contract Law
American Bar Association, co-chair, Public Contract Law Section, Construction Division
Builders Exchange of Central Ohio, member, Law Group
Builders Exchange of Central Ohio, member, IX Group
Associated General Contractors (ACG), member
National Contract Management Association (NCMA), Dayton Chapter
American Arbitration Association, Roster of Neutrals
Ohio Supreme Court, Ohio Court of Claims Construction Referees
“Understanding The Construction Process From The Developer’s Perspective,” Lorman Educational Services
“Construction Law,” Ohio State Bar Association
“Nuts and Bolts of Mechanic’s Liens”
“Construction Claims for Public Entities in Ohio”
“Risk Management,” Columbus Engineer’s Club
“A Comprehensive Guide to Resolving Construction Disputes,” Lorman Educational Services
“Ohio Construction Law: What to Do When …”, National Business Institute
“Recovery of Unabsorbed Home Office Overhead in Ohio: Complete General v. ODOT,” Columbus Bar Association, Construction Law Committee
“Construction Claims In Ohio,” Lorman Educational Services
Chapter author: Ohio Construction Law Manual, West Publishing